In FAJ v FJH (No. 2) [2024] QDC 69, the District Court of Queensland addressed an appeal by FAJ against a protection order made under the Domestic and Family Violence Protection Act 2012 (Qld). FAJ successfully appealed, resulting in the protection order being set aside and the Respondent, FJH's application, remitted for reconsideration. Following the appeal, FAJ sought compensation for the substantial legal costs incurred. Respondent FJH, who was self-represented, argued against the cost order on the grounds of good faith and potential intimidation. However, the court clarified that cost awards are compensatory, not punitive. The decision referenced relevant legislation including the Domestic and Family Violence Protection Act 2012 and the Civil Proceedings Act 2011, concluding that as the successful appellant, FAJ should be compensated for reasonable legal costs. The court indicated further hearings would determine specifics of the cost orders.
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